A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 28, 2018, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on September 28, 2018.

Although the Defendant had a punishment force as above, on August 3, 2019, the Defendant driven a BST6 car without a driver’s license while under the influence of alcohol 0.053% of alcohol level around 22:20,000, and proceeded with a section of approximately 50 meters from the front side of the Eves parking lot in the south-gu, Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City, to the front day of Eves in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. License register;

1. Photographs of a drunk-driving practice;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., report on results of confirmation on dispositions; and

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a very dangerous crime that may cause unexpected behaviors not only one's own life but also another's life and family by raising the possibility of traffic accident, and even if so, to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case when he was punished by a fine due to drinking driving as stated in the judgment, and his license has been revoked. Meanwhile, the defendant led to the confession of and reflect against the crime of this case, the defendant has no record of criminal punishment except for the above fine, and other circumstances shown in the records and arguments such as blood alcohol concentration.